Legal Question in Wills and Trusts in Tennessee
Death & Bank Account
My brother recently passed away and he has three grown children. There is money in his checking acocunt but no-one has access to it legally (our ommission) . The bank told us that we had to get some sort of form signed by all three children in order to obtain the money to help pay for his funeral expenses. Could this be accomplished without going through a lawyers office (as in a downloadable form somewhere) and just get these forms notorized? Thanks.
1 Answer from Attorneys
Re: Death & Bank Account
Your brother has a checking account titled solely in his name. Probating your brother's estate is the only way to prove, legally, who his legal heirs at law are and who, consequently, are entitled to the funds contained in the checking account. A certifcate of death does not prove heirship. All a certificate of death proves is the fact of death. Probate is the method by which heirship is legally proven.
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